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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 04/27/20221 MINUTES OF THE REGULAR MEETING OF THE AMES ZONING BOARD OF ADJUSTMENT AMES, IOWA APRIL 27, 2022 The Ames Zoning Board of Adjustment met, pursuant to law, in Regular Session at 6:00 p.m. on April 27, 2022, in the Council Chambers of City Hall. The following members were present: Leila Ammar, Rob Bowers, Leah Patton, Chad Schneider, and Michael Zenor. Also present were Assistant City Attorney Jane Chang, City Planner Eloise Sahlstrom, and Director of Planning & Housing Kelly Diekmann. ELECTION OF OFFICERS: Moved by Schneider, seconded by Zenor, to nominate Leila Ammar for the office of Chair of the Zoning Board of Adjustment. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Ammar, seconded by Bowers, to nominate Chad Schneider for the office of Vice- Chair of the Zoning Board of Adjustment. Vote on Motion: 5-0. Motion declared carried unanimously. Approval of Minutes: Moved by Bowers, second by Schneider to approve the minutes of the January 12, 2022, Zoning Board of Adjustment meeting. Vote on Motion: 5-0. Motion declared carried unanimously. CASE NO. 22-02 Public Hearing on a Special Home Occupation Permit to allow a Speech Therapy Practice at 3314 Canterbury Court: Planning and Housing Director Kelly Diekmann presented Case No. 22-02 to the Board and noted that Lacey Wolf submitted an application requesting approval of a Special Home Occupation to allow for a Speech Language Pathology practice located at 3314 Canterbury Court. Director Diekmann said the application indicated that the home occupation falls within the maximum area permitted for such occupation, meets the parking and customer visit allowances of the code, will be limited to typical business hours, and will be by appointment only. Due to the nature of the business as described in the application, it can be concluded that the proposed use will not alter the normal residential character of the area. Based upon the Findings of Fact and Conclusions herein, it is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment act in accordance with Alternative #1 and allow the applicant to proceed with a Speech Pathology Practice at 3314 Canterbury Court subject to the home occupation being operated as described. Chair Ammar asked if there were any questions for staff. Chair Ammar asked if the applicant wished to speak. The applicant had nothing to add. Board Chair Ammar opened the public hearing. No one came forward to speak, and Board Chair Ammar closed the public hearing. Moved by Bowers, seconded by Schneider, to approve Alternative 1: The Zoning Board of Adjustment may approve this request for a Special Home Occupation to allow a Speech Language Pathology Practice at 3341 Canterbury Court subject to the home occupation being operated as described. Vote on Motion: 5-0. Motion declared carried unanimously CASE NO. 22-03 Public Hearing on a Special Use Permit to allow the Enlargement of a Nonconforming Use in a Residential Zone at 3038 Redbud Circle and 3036 Valley View Road. Board Member Schneider stated that he would abstain from the discussion and vote on this case due to conflict of interest as his law firm represents one of the property owners. 2 City Planner Eloise Sahlstrom presented Case No. 22-03. She stated that Northern Natural Gas Company (NNG) is requesting the approval of a Special Use Permit to allow for the Enlargement of a Nonconforming Commercial Use in a Residential Zone at 3038 Redbud Circle and 3036 Valley View Road. Ms. Sahlstrom presented a map of where the gas line was located. It was stated that NNG has an underground pipeline and 50-foot easement that transverses the City. NNG’s regional pipeline is classified as a Utility Corridor use within the City’s Zoning Ordinance. Utility Corridors (differentiated from basic utilities) are not a permitted use within a Residential Zoning District, whereas it is an allowable use within Commercial/Industrial Zoning Districts. Since the use already exists within a Residential Zoning District, the use is nonconforming per the standards of the Ames Zoning Ordinance. A Special Use Permit is required to expand the Nonconforming Use. City Planner Sahlstrom stated due to population growth in Ames and the surrounding area, the applicant is required by federal law, as a safety measure, to inject an odorant into the gas stream by an odorizing unit as, in its natural state, natural gas is odorless. The odorizer unit will be located within a new accessory structure, as shared by Ms. Sahlstrom. The applicant selected this location as the most suitable for treating the line. NNG indicated that they do not have any flexibility in the location of the odorizer unit as it must be installed at the gas line take off. It was noted that there are currently, no above ground structures in this location, only a minor appurtenance. NNG coordinated with the Homeowners Association (HOA) and the property owners and received their endorsement of the proposed odorizer and accompanying site improvements at 3038 Redbud Circle and 3036 Valley View Road. Although the site is addressed from Redbud Circle, the project area is accessed from George Washington Carver Avenue(GW Carver). The project area will be approximately 4,219 square feet as stated by City Planner Sahlstrom. Included within this area will be approximately 1,750 square feet of gravel surrounded by a six- foot-high cedar wood privacy fencing with steel posts, along with landscape screening, providing a visual barrier to the site. The proposed fencing is consistent with fencing found in residential areas and will blend in well with the surrounding property. The proposed fencing also serves the safety of neighbors by keeping unauthorized persons out, so that the equipment remains safe and secure. Landscaping was added to the design to screen the facility from residential neighbors and soften its appearance from GW Carver and the multi-use trail. The landscaping design included a combination of evergreen trees, deciduous trees, and shrubs. There are no prescribed landscape standards for the proposed use, landscaping is related to the findings of compatibility for approval of the Special Use Permit. City Planner Sahlstrom noted access to the facility will be by authorized personnel only who will conduct weekly operations and maintenance work. She stated the delivery to this site will occur once a year, therefore, the use will not attract traffic or cause traffic congestion in the area. Access to the site is required to be paved and have a driveway approach approved by the City as part of the project review. The site is accessed from GW Carver Avenue. It will allow a three- point turn so that vehicles will not have to back out onto GW Carver and can merge safely into traffic. A driveway access permit from the City is required and a Statewide Urban Design and Specification (SUDAS) waiver will not be required. Ms. Sahlstrom stated that staff concludes that the request for a Special Use Permit to allow for the Enlargement of a Nonconforming Commercial Use in a Residential Zone, at 3038 Redbud Circle and 3036 Valley View Road, is consistent with the standards required for granting of a Special Use Permit. Based upon the Findings of Fact and Conclusions presented, it is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment act in accordance with Alternative #1. Board Chair Ammar asked if there were any questions for staff. No questions were asked. Board Chair Ammar asked if the Applicant wished to speak. They did not at this time. Board Chair Ammar opened the public hearing. 3 Lori Swanson, 2901 Cypress Circle, Ames was sworn in and testified under oath. Ms. Swanson stated she felt obligated to attend as a homeowner in Northridge. Her property backs up to the site. She stated she does not like that the odorizer building will be the welcome site into their Northridge neighborhood. She is hoping if there is any other consideration for this site to please consider it. Jack Swanson, 2901 Cypress Circle, Ames, was sworn in and testified under oath. Mr. Swanson stated the driveway of proposed site is a very busy pathway. He is concerned if the NNG trucks are blocking the path that could be a safety issue with many of the people who utilize the path. He also pointed out that NNG already has an odorizer site on Stange Road, and it is not a pretty site, so NNG’s history is not great. He wished the planning commission would have taken northern expansion into account and determined a different location for this odorizing unit prior to development. Board Chair Ammar closed the public hearing as no one else came forward to speak. Jennifer Sweeney, Northern Natural Gas, 2021Center Point Drive, Mendota Heights, Minnesota, was sworn in and testified under oath. Ms. Sweeney stated her company has worked a long time with the Homeowners Association. The Homeowners Association requested for NNG’s plan be harmonious to the neighborhood and the landscaping company they work with will make the site blend in with the community. She stated the site must go at this location because it is the kickoff of the Gilbert branch line. Mr. Bowers asked the applicant about blocking the multi-use path. Ms. Sweeney stated they worked with Ron Franzen, of the Homeowners Association and he did approve the build plans. They also received a fence permit from the Homeowners Association. Mr. Franzen did have questions about blocking the multi-use path, NNG stated they will not block the multi-use path. Ms. Ammar asked about maintenance to the site. Ms. Sweeney said they need access to the facility once a week for operations and maintenance work, and once a year the tank would need to be filled with odorizer. She stated the site will be behind the Northridge sign. She also commented that the multi-use path would only be obstructed when NNG is entering or exiting the site. Board Member Patton asked where the gate would be located to the facility. Ms. Sweeney stated the gate will be parallel to George Washington Carver. Ms. Sweeney said the gate is on rollers it does not swing open. Moved by Bowers, seconded by Patton, to approve Alternative 1: The Zoning Board of Adjustment may approve this request for a Special Use Permit to allow Enlargement of a Nonconforming Commercial Use in a Residential Zone, at 3038 Redbud Circle and 3036 Valley View Road. Vote on Motion: 4-0-1. Voting Aye: Ammar, Bowers, Patton, Zenor. Voting Nay: None. Abstaining due to conflict of interest: Schneider. Ammar requested a friendly amendment to the last motion that passed. The motion was declared approved, any person desiring to appeal this decision to a court of record may do so within 30 days after the filing of this decision. CASE NO. 22-04 Public Hearing on a Special Use Permit to allow a yard waste collection and transfer facility at 220 and 400 Freel Drive. Planning & Housing Director Kelly Diekmann presented Case No. 22-04. He mentioned this case was brought before the Board in 2021 for the same request of a temporary yard waste facility. The Board granted a one-year approval in 2021, and the Board also asked the City Council to consider the concept of temporary, and to explore what options would be available to allow for the board to consider temporary uses that then may not have to meet all codes requirements due to the nature of being temporary. Director Diekmann noted that the City Council carved out a Special Use allowance which is what is before you tonight for a temporary 4 yard waste processing facility. With the recent change to allow for temporary yard waste facilities, which is different than the review by the ZBA in 2021 when there was no allowance for temporary facilities, the proposed use may be approved to operate without permanent improvements to the site as is required of other uses in the General Industrial Zoning District. The special allowance meets all normal use special requirements. The applicant requested to continue to the use of a rock driveway and informal parking areas along the South property line to meet parking needs without adding additional paving to the site. Staff is recommending a one- year approval and the applicant can ask for one extension. Board Chair Ammar asked if there were any questions for staff. Board Chair Ammar asked if the Applicant wished to speak. Doug Maccrea, Green RU, 913 Tennyson Ave, Ames, was sworn in and testified under oath. Mr. Maccrea had no additional comments. Board Chair Ammar opened the public hearing. Dan Kepley, 3D LLC, 2550 Stagecoach Road, Ames, was sworn in and testified under oath. Mr. Kepley owns the property South of the GreenRU driveway, approximately three acres. Mr. Kepley stated he has seen yard waste being hauled in but nothing hauled out. He spoke to an employee at GreenRU, and they told him nothing is being hauled out and he is afraid this site will start to look like Darwin’s site with twenty feet of yard waste. He had his three lots rented up until this past January and now he is trying to sell them, but no one wants to buy around a dump and his property value has plummeted. He has owned this property since the 1970’s. Board Chair Ammar closed public hearing. Board Member Schneider asked Mr. Diekmann about Code enforcement of the stockpiling of waste at the site. Mr. Diekmann stated the Zoning Ordinance does not have any limitations on stockpiles or storage. If it became a nuisance and harbored varmints that is a different Code enforcement issue. Stockpiling in this type of zone would not be precluded unless it was regulated in the Special Use Permit. Director Diekmann stated that at the end of their one-year term contract the Special Use Permit the site must restored to prior condition within 60 days. The Zoning Ordinance does not have a stockpile limitation standard. Director Diekmann stated the yard waste facility is to take in yard waste, sort it and under City contract remove it. The site is not being permitted as a permanent location to stockpile yard waste. The City Council gave the Board the ability to approve the site for one year with option to renew for one year. After that time period the applicant would have to resubmit an application and it would come before the Zoning Board of Adjustment for review. Board Member Bowers referred to the application signed and submitted by Randy Freel. Mr. Bowers asked Mr. Maccrea if he was familiar with the application and Mr. Maccrea stated he was. Mr. Bowers asked about question on application regarding a gate being installed and yard waste hauled away to Eddyville. Mr. Bowers asked Mr. Maccrea to expand on that from a business perspective. Mr. Maccrea stated they have removed materials on a regular basis but not on a large scale. Mr. Maccrea stated they have been asked by the Iowa Department of Natural Resources and the Iowa Department of Agriculture and Land Stewardship to maintain stockpile of materials in central Iowa for potential bird flu composting. He said that is why they have not hauled much waste out of the site this Spring. Mid May they will start grinding and removing material. He stated his agreement with the landowner is to clean the site up when GreenRU is finished occupying. Mr. Schneider asked if the Board should put any requirements on it, for example cleaning it up regularly. Mr. Bowers expressed concern about that since the DNR has requested them to maintain a stockpile for bird flu composting he does not feel comfortable stipulating when they need to haul materials off. Mr. Diekmann said the DNR cannot override the City’s policies. Mr. Maccrea indicated he is under regulations with the DNR for this yard waste site. The DNR inspects and looks for non-yard waste materials on the site or non-yard waste materials stored on site, infestations, and rodents. Mr. Schneider indicated the concern has been expressed, about the look of the facility, he stated GreenRU should be a good neighbor and abide by regulations. The availability of the site is crucial for yard waste disposal for the City of Ames. 5 Moved by Bowers, seconded by Zenor, to approve Alternative 1. The Zoning Board of Adjustment can approve the Special Use Permit for a one-year approval of a temporary yard waste processing facility at 400 and 220 Freel Drive, based on the Findings of Fact and Conclusions stated herein, with the following conditions: a. General operations on weekdays and weekends as described within the application and up to five large event days. b. Use of the site shall be consistent with submitted plan. This includes stabilization of the driveway entrance to the satisfaction of the Public Works Director. c. The term of the use shall begin on May 1, 2022, and may continue for one year through May 1, 2023. All yard waste material, equipment, and temporary structures shall be removed from the site and the site restored to its current or better condition within 60 days of the end of the permit. d. Any extension of the use (up to 1 year) must be approved prior to May 1, 2023, by the ZBA. Vote on Motion: 5-0. Motion declared carried unanimously. ADJOURNMENT: Moved by Schneider, seconded by Bowers, to adjourn the meeting at 6:58 p.m. _____________________________ _____________________________ Renee Hall, Recording Secretary Leila Ammar, Chair